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Contracts & Agreements_167-2004_CCv0001.pdf
AGREEMENT THIS AGREEMENT, made and entered into this 2" day of November,2004, by and between the City of Redlands, a Municipal Corporation, organized and existing under the laws of the State of California, hereinafter referred to as the "City", and NBI General Contractors of the City of Redlands, County of San Bernardino, State of California, hereinafter referred to as the "Contractor". WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: 1. Scope of Work. The Contractor will furnish all materials and will perform all of the work to perform construction of Mission Gables Bowl House Project,complete,all as shown,specified,and made a part of Contract No. 240300-7270/47002. 2. For the Contract Sum of$ 1,331,283.27,in accordance with the terms and conditions of the Contract Documents. Pursuant to Section 22300 of the California Public Contract Code,Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by the City pursuant to and Escrow Agreement. 3. Time for Completion. The work shall be completed within one hundred and twenty(120)work days from and after the date of the Notice to Proceed. 4, Liquidated Damages.Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to detei mine. The Contractor shall pay to the City, or have withheld from monies due it,the sum as set forth in the General Provisions for each consecutive calendar day in excess of the specified time for completion of the work. Execution of the contract shall constitute agreement by the City and Contractor that the liquidated damages amount per day is the minimum and actual damage caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 5. Contract Documents. The complete contract includes all of the contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond, Agreement, Performance Bond, Payment Bond, other required documents, Federal Labor Standards Provisions contained in Part II of these Supplemental Specifications, Plans and Specifications, all referenced specifications, and any Addenda thereto. 6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this contract the prevailing party shall,in addition to any costs and other relief,be entitled to recovery of its reasonable attorney's fees. 7. Defense Obligation. The Contractor shall defend the City, its elected officials, officers, agents, and employees from and against any and all claims,losses,damages,and causes of action,including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the Contractor, its employees or agents in connection with the performance of the Contractor's obligation under this contract. 8. Insurance. All policies of general liability and business automobile insurance required by this contract shall name the City, its elected officials, employees,and agents as additional insureds. Any insurance required under this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance maintained by the City. 9. Resolution of Construction Claims. Claims made by the Contractor in the amount of S375,000.00 or less shall be processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contracts code(commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision(a)of the Public Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by the Contractor. Pursuant to Public Contract Code section 9201,if the City receives a third party claim in relation to this Contract, theCity shall timely notify the Contractor. The City shall be entitled to recover reasonable costs incurred in providing the notification required by Public Contract Code section 9201(b). 10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to abide by California Public Contract Code Section 6109 and California Labor Code Sections 1777.1 and/or 1777.7 and certify that they are not debarred and are eligible to work on this project. 11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreement will be binding on another party without the written consent of the party sought to be bound. 12. Successors and Assigns. The City and Contractor each binds itself,its partners,successors,assigns and legal representatives in respect to all covenants, agreements and obligations contained in the contract documents. 13. Severability. Any provision or part of the contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon the City and Contractor. 14. Federal Labor Standards:This project is subject to Federal Labor Standards. A copy of Federal Labor Standards Provisions (HUD form 4010) is attached to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY SEAL By Mayor/City of Redlands I ATTEST: C011.4 of San Bernardino, California ) City Clerk, City of Ite/in County of San Bernardino, California NBI General Contractors Frame of Contractor By j Sign ture ofku o ized Agent CONTRACTOR SEAL \, t I it Signatory's Title Signature of Authorized Agent (if necessczry) Signatory's Title (if necessaty) 435915 Contractor's License No. WORKERS' COMPENSATION INSURANCE CERTIFICATION MISSION GABLES BOWL HOUSE PROJECT CONTRACT No. 240300-7270/47002 Every employer except the State,shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure,either as an individual employer or as one employer in a group of employers,which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers'Compensation or to undertake self-insurance in accordance with the provisions of that Code,and I will comply with such provisions before commencing the performance of the work of this contract. (Labor Code Section 1861) I Lt Date NBI General Contractors Name of Contractor -/ ft By: „ • • ° Signature of Author&d Agent j c 1€" .__- i 1-1 titi zt Signatory's Title 435915 Contractor's License No, A. APPLICABILITY. The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this contract pursuant to the provisions applicable to such Federal assistance. 1. Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2)of the Davis- Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers and mechanics,subject to the provisions of 29 CFR Part 5.5(a)(1)(iv);also,regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage deter iiiination(including any additional classification)and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii), and the Davis-Bacon poster(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (i) (a)Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: 1 - The work to be performed by the classification requested is not performed by a classification in the wage determination; and 2 - The classification is utilized in the area by the construction industry; and 3 - The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known),or their representatives,and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration,US Department of Labor, Washington DC, 20210. The Administrator,or an authorized representative,will approve,modify,or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee, or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives,and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate),HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The FLS-1 Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee,or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or(c)of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set-aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor,or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,including apprentices,trainees,and helpers,employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,including any apprentice,trainee,or helper,employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may,after written notice to the contractor,sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment,advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for or on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make all disbursements in the case of direct Davis- Bacon Act contracts. 3. Payrolls and Basic Records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work,preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates and wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR Part 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B)of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprenticeship programs and FLS-2 certification of trainee programs,the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a)The contractor shall submit weekly for each week in which any contract work is perfoi wed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant,sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U S Government Printing Office, Washington DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1 -That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete; 2-That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set forth in 29 CFR Part 3; and 3 -That the laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of optional Faun WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i)of this section available for inspection, copying,or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. Apprentices. (i) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U S Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program,but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft FLS-3 classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registration program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually perforined. Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeymen's hourly rate)specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress,expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR Part 5.16,trainees will not be peg ni itted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the US Depal tinent of Labor,Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee perfoi ming work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements.The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert an any subcontracts the clauses contained in 219 CFR Part 5.5(a)(1) through (10) and such other clauses as HUD or its designee may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination; Debarment. A breach of the contract clauses in 29 CFR Part 5.5 may be FLS-4 grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR Part 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors) and HUD or its designee, the US Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract,the contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a)of the Davis-Bacon Act or 29 CFR Part 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a)of the Davis-Bacon Act or 29 CFR Part 5.12(a)(1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the US Criminal Code, 18 USC 1001. Additionally, US Criminal Code Section 1010, Title 18, USC, "Federal Housing Administration transactions",provides in part, "Whoever, for the purpose of. . influencing in any way the action of such Administration. . . makes,utters or publishes any statement,knowing the same to be false . . shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in . in excess of forty hours in such workweek unless such laborers or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked . . . • . in excess of forty hours in such workweek,wiritheverirgreater. 2. Violation;Liability for Unpaid Wages;Liquidated Damages. In the event of any violation of the clause set forth in subparagraph(1)of this paragraph,the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph(1)of this paragraph,in the sum of S10 for each calendar day on which such individual was required or permitted to work . or in excess of the standard workweek of forty hours without payment of the overtime wages by the clause set forth in subparagraph (1) of this paragraph. 3. Withholding for Unpaid Wages and Liquidated Damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold FLS-5 or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract,or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph(2)of this paragraph. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any lower tier subcontractor with the clauses set forth in subparagraphs(1)through(4) of this paragraph. C. HEALTH AND SAFETY. 1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary,hazardous,or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. 2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926(formerly Part 1518)and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act(Public Law 91-54, 83 Stat. 96). 3. The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor." The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. NOTE: Edited text above is in accordance with revisions provided by the US Department of Housing and Urban Development. FLS-6 PAYROLL U.S, DEPARTMENT OF LABOR (For Contractor's Optional Use; See Instruction, Form WH-347 Inst.) WAGE AND HOUR DIVISION NAME OF CONTRACTOR 0 or SUBCONTRACTOR C1 FEDERAL TAX LD.No. ADDRESS: PAYROLL No. FOR WEEK ENDING PROJECT and LOCATION; ECD PROJECT No. I I 1-28112/2287 Mission Gables Bowl House Project CITY CONTRACT No.240300-7270/47002 DAY AND DATE . NAME,ADDRESS AND ST GROSS DEDUCTIONS WANETGES HOMER TOTAL RATE CHECK TELEPHONE NUMBER OF WORK CLASSIFICATION HOURS OF PAY AMOUNT PAID WITH- TOTAL No, EXEMFT, ARND FOR _ OF EMPLOYEE OT EEFICA HOLDING OTHER DEDUCT HOURS WORKED EACH DAY TAX WEEK S , . 0 . . ._ . . - S 0 , . S , . 0 . . _ , . . S ..... 0 . . . . - S 0 . . , — S - . , ..._ .. 0 S 0 , . S 0 S . . ' 0 . . , . . , . . S . , 0 - _ FLS-7 FLS-8 STATEMENT OF COMPLIANCE (c) Exceptions- do (Namc of Signatory Party) (Title) EXCEPTION(CRAFT) EXPLANATION hereby state: (I) That I pay or supervise the payment of the persons employed by on the Mission Gables Bowl House Project;that (Contractor or Subcontractor) during the payroll period commencing on the day of ,200 ,and ending the day of ,200_,all persons employed on said project have been paid the full weekly wages earned,that no rebates have been or will be made either directly or indirectly to or on behalf of said contractor or subcontractor for the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations,Part 3 (29CFR,Subtitle A0,issued by the Secretary of Labor under the Copeland Act,as amended(48 Stat. 948;63 Stat. 108;72 Stat. 967; 76 Stat. 357;40 U.S.C. 276e), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete;that the wage rates for laborers or mechanics contained therein are not REMARKS: less than the applicable wage rates contained in any wage determination incorporated into the contract;that the classifications set forth therein for each laborer or mechanic conform with the work he performed; (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training,United States Department of Labor,or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor;and (4)That: (a)Where fringe benefits are paid to approved plans,funds or programs- El In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll,payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees,except as noted in Section 4(c)below; NAME AND TITLE: SIGNATURE: (b) Where fringe benefits are paid in cash- O Each laborer or mechanic listed in the above referenced payroll has been paid,as indicated on THE WILLFUL F ALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR the payroll,an amount not less than the sum of the applicable basic OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1Q01 OF TITLE 18 AND hourly wage rate plus the amount of the required fringe benefits as listed in the contract,except SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. as noted in Section 4(c)below;and U.S. Department of Housing and Urban Development RECORD OF EMPLOYEE INTERVIEW Office of Labor Relations OMB Approval No.2501-0009(exp. 1/31/2000) ECD Project No, 111-28112/2287 Contractor or Subcontractor Name(Employer) City Contract No,240300-7270147002 Project Name:Mission Gables Bowl House Project I.Name of Employee ..... 2.Home Address and Zip Code 3a.Last date you worked on project before today 3b.Number of hours worked on project on that date 4.Your hourly pay rate 5.Your job classification(s)(list all)(continue on reverse if necessary) Apprentice? YES NO tta >- 6.Your duties 7.Tools or equipment used 8.Paid at least time and one-half for all hours worked in excess of 40 in a week? NA YES NO (If overtime premium pay is not required,enter NA for inapplicable) 9.Ever threatened,intimidated,or coerced into giving up any part of pay? YES NO 10.Duties observed by Interviewer Conform to classification? YES NO I 1.Remarks(continue on reverse if necessary) z12.Signature of Interviewer Date of Interview Payroll Examination 13.Remarks(continue on reverse if necessary) 14.Signature of Payroll Examiner Date form 111113-11(5193) FLS-9 Mission Gables Bowl House Contract No.240300-7270/47002 APPENDIX C.1 Addendum No.3 GENERAL DECISI©N: CA20030037 08/27/2004 CA37 Date:August 27, 2004 General Decision Number:CA20030037 08/27/2004 Superseded General Decision Number:CA020037 State: California Construction Types:Building,Heavy(Heavy,and Dredging)and Highway County: San Bernardino County in California Building construction projects;dredging projects(does not include hopper dredge work);heavy construction projects(does not include water well drilling);highway Construction projects Mod.No. Publication Date 0 06/13/2003 1 01/30/2004 2 03/05/2004 3 04/02/2004 4 05/21/2004 5 07/02/2004 6 07/16/2004 7 08/27/2004 ASBE0005-002 01/01/2004 Rates Fringes Asbestos Workers/Insulator 32.56 9.8 Includes the application of all insulating materials,protective coverings,coatings,and finishes to all types of mechanical systems. ASBE0005-006 01/01/2004 Rates Fringes Hazardous Material Handler 15.75 2.55 Includes preparation,wetting,stripping,removal,scrapping,vacuuming,bagging and disposing of all insulating materials from mechanical systems, whether they contain asbestos or not. BOIL0092-003 01/01/2004 Rates Fringes Boilermaker 32.84 15.61 BRCA0004-011 05/01/2003 Rates Fringes Bricklayer;Marble Mason 29.17 6.45 BRCA0018-006 08/01/2003 Rates Fringes Marble Finisher 19.90 4.55 Tile Finisher 16.85 3.66 Tile Layer 27.00 7.90 BRCA0018-010 09/01/2003 Rates Fringes Terrazzo Finisher 21.38 6.84 Terrazzo Worker 28.27 6.84 CARP0409-002 07/01/2003 Rates Fringes Diver Wet 526.88 7.38 Standby 263.44 7.38 Tender 255.44 7.38 NOTE:Amounts in"Rates" column are per day. CARP0409-007 07/01/2002 Rates Fringes Work on wood frame, tilt up or concrete block construction including but not limited to: shopping centers, stores, office buildings, fast food establishments,also including curb,gutter and sidewalks where the total cost of the project does not exceed seven and one-half million($7,500,000.00)dollars. Mission Gables Bowl House Contract No,240300-7270/47002 APPENDIX C.2 Addendum No.3 Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer 22.75 6.28 Fence builder 20.30 6.28 Head rockslinger 22.98 6.28 Millwright 23.25 6.28 Pile driver; Derrick barge;Bridge or dock carpenter;Heavy framer; Rockslinger 22.88 6.28 Pneumatic nailer or power stapler 23.00 6.28 Rock barge or scow 22.78 6.28 Saw filer 22.83 6.28 Scaffold builder 17.00 6.28 Shingler 22.88 6.28 Table power saw operator 22.85 6.28 Work on wood frame,tilt up or concrete block construction including but not limited to:shopping centers,stores,office buildings, fast food establishments,also including curb,gutter and sidewalks where the total cost of the project does not exceed seven and one-half million($7,500,000.00)dollars. Roof loader of shingles 15.42 6.28 All other work: Carpenter,cabinet installer, insulation installer, floor worker and acoustical installer 29.00 6.68 Fence builder 24.79 6.68 Heavy framer; Rockslinger 29.13 6.68 Millwright 29.50 6.68 Pneumatic nailer or power stapler 29.25 6.68 Rock barge or scow 29.03 6.68 Rockslinger 29.13 6.68 Roof loader of shingles 20.77 6.68 Saw filer 29.08 6.68 Scaffold builder 23.20 6.68 Shingler 29.13 6.68 Table power saw operator 29.10 6.68 FOOTNOTE:Work of forming in the construction of open cut sewers or storm drains,on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre-drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms(which work is performed by piledrivers): $0.13 per hour additional. CARP0409-008 07/01/2003 Rates Fringes Modular Furniture Installer Mobile Filing System Installer 13.76 5.80 Modular Furniture Installer 14.36 5.80 Full Wall Technician 20.47 5.80 ELEC0011-002 12/01/2001 Rates Fringes Communications System Installer 22.13 3%+4.40 Technician 23.93 3%+4.40 SCOPE OF WORK: Installation,testing,service and maintenance of systems utilizing the transmission and/or transference of voice,sound,vision and digital for commercial,educational,security and entertainment purposes for the following:TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission,multi-media,multiplex,nurse call systems,radio page,school intercom and sound,burglar alarms,fire alarm(see last paragraph below)and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function;excluding all other data systems or multiple systems which include control function or power supply;excluding installation of raceway systems,conduit systems,line voltage work,and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ELEC0477-002 05/31/2004 Rates Fringes Electrician 29.15 3%*13.00 Cable Splicer: $1.00 per hour above Electrician rate. Tunnel Work: 10%above Electrician rate. Mission Gables Bowl House Contract No,240300-7270/47002 APPENDIX C.3 Addendum No,3 ZONE PAY: Zone A - 80 road miles from Post Office, 455 Orange Show Lane, San Bernardino, will be a free zone for all contractors;Zone B -Any work performed outside Zone A's 80 road miles, shall add$8.00 per hour to the current wage scale. ELEC1245-001 06/01/2004 Rates Fringes Line Construction Lineman;Cable splicer 35.01 4%+8.93 Equipment specialist(operates crawler tractors,commercial motor vehicles,backhoes,trenchers,cranes(50 tons and below), and overhead and underground distribution line equipment) 29.76 4%+8.25 Groundman 22.76 4%+8.25 Powderman 33.27 4%+8.29 ELEV0018-001 09/15/2001 Rates Fringes Elevator Mechanic 33.695 7.455 FOOTNOTE:Vacation Pay:8%with 5 or more years of service,6%for 6 months to 5 years service. Paid Holidays:New Years Day,Memorial Day, Independence Day,Labor Day,Thanksgiving Day and Friday after,and Christmas Day. ENG10012-003 07/01/2003 Rates Fringes Power equipment operator-cranes,piledriving, hoisting Group 1 29.30 13.20 Group 2 30.08 13.20 Group 3 30.37 13.20 Group 4 30.51 13.20 Group 5 30.73 13.20 Group 6 30.84 13.20 Group 7 30.96 13.20 Group 8 31.13 13.20 Group 9 31.30 13.20 Group 10 32.30 13.20 Group 11 33.30 13.20 Group 12 34.30 13.20 Group 13 35.30 13.20 Power equipment operator-tunnel work Group 1 30.58 13.20 Group 2 30.87 13.20 Group 3 31.01 13.20 Group 4 31.23 13.20 Group 5 31.34 13.20 Group 6 31.46 13.20 Group 7 31.76 13.20 Power equipment operators: Group 1 27.95 13.20 Group 2 28.73 13.20 Group 3 29.02 13.20 Group 4 30.51 13.20 Group 5 31.61 13.20 Group 6 30.73 13.20 Group 7 31.83 13.20 Group 8 30.84 13.20 Group 9 31.94 13.20 Group 10 30.96 13.20 Group 11 32.06 13.20 Group 12 31.13 13.20 Group 13 31.23 13.20 Group 14 31.26 13.20 Group 15 31.34 13.20 Group 16 31,46 13.20 Group 17 31.63 13.20 Mission Gables Bowl House Contract No.240300-7270/47002 APPENDIX C.4 Addendum No.3 Group 18 31.73 13.20 Group 19 31.84 13.20 Group 20 31,96 13.20 Group 21 32.13 13.20 Group 22 32.23 13.20 Group 23 32.34 13.20 Group 24 32.46 13.20 Group 25 32.63 13.20 FOOTNOTES:Premium pay of$3.00 per hour shall be paid on all power equipment operator work at Camp Pendleton,Point Arguello, and Vandenburg AFB. Workers required to suit up and work in a hazardous material environment: $1.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS Group 1:Bargeman;Brakeman;Compressor operator;Ditch Witch,with seat or similar type equipment;Elevator operator-inside; Engineer Oiler; Forklift operator (includes bed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator;Pump operator; Signalman; Switchman Group 2:Asphalt-rubber plant operator(nurse tank operator);Concrete mixer operator-skip type;Conveyor operator;Fireman; Forklift operator(includes bed,lull or similar types over 5 tons;Hydrostatic pump operator; oiler crusher(asphalt or concrete plant);Petromat laydown machine;PJU side dum jack;Screening and conveyor machine oeprator(or similar types);Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman;Temporary heating plant operator; Trenching machine oiler Group 3: Asphalt-rubber blend operator; Bobcat or similar type (side steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman(ground); Stationary pipe wrapping and cleaning machine operator Group 4:Asphalt plant fireman;Backhoe operator(mini-max or similar type);Boring machine operator;Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator(small portable);Drilling machine operator,small auger types(Texoma super economatic or similar types-Hughes 100 or 200 or similar types - drilling depth of 30maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman;Horizontal Directional Drilling Machine;Hydra-hammer-aero stomper;Micro Tunneling(above ground tunnel);Power concrete curing machine operator;Power concrete saw operator;Power-driven jumbo form setter operator; Power sweeper operator;Roller operator(compacting); Screed operator(asphalt or concrete);Trenching machine operator(up to 6 ft.); Vacuum or much truck Group 5: Equipment Greaser(Grease Truck/Multi Shift) Group 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator(canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman(oilfield type); Drilling machine operator,bucket or auger types(Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'maximum); Drilling machine operator(including water wells);Hydrographic seeder machine operator(straw,pulp or seed),Jackson track maintainer,or similar type;Kalamazoo Switch tamper,or similar type;Machine tool operator;Maginnis internal full slab vibrator,Mechanical berm,curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator(truck mounted);Road oil mixing machine operator;Roller operator(asphalt or finish),rubber-tired earth moving equipment(single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator(crawler and wheel type,over 3/4 yd. and up to and including 1-1/2 yds.);Slip form pump operator(power driven hydraulic lifting device for concrete forms); Tractor operator-bulldozer, tamper-scraper(single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator(1 drum); Ultra high pressure waterjet cutting tool system operator;Vacuum blasting machine operator Group 7: Welder-General Group 8: Asphalt or concrete spreading operator(tamping or finishing); Asphalt paving machine operator(Barber Greene or similar type);Asphalt-rubber distribution operator;Backhoe operator(up to and including 3/4 yd.),small ford,Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator(gunite work); Compactor operator (self-propelled);Concrete mixer operator(paving);Crushing plant operator;Drill Doctor;Drilling machine operator,Bucket or auger types(Calweld 150 bucket or similar types-Watson 1500,2000 2500 auger or similar types-Texoma 700,800 auger or similar types-drilling depth of 60'maximum); Elevating grader operator;Grade checker; Gradall operator;Grouting machine operator;Heavy-duty repairman;Heavy equipment robotics operator;Kalamazoo balliste regulator or similar type;Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator(Athey,Euclid,Sierra and similar types); Ozzie padder or similar types;P.C.slot saw; Pneumatic concrete placing machine operator(Hackley-Presswell or similar type); Pumperete gun operator; Rotary drill operator(excluding caisson type); Rubber-tired earth-moving equipment operator(single engine,caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.up to and including 50 Cu, yds. struck); Rubber-tired earth-moving equipment operator(multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self- propelled curb and gutter Mission Gables Bowl House Contract No 240300-7270/47002 APPENDIX C.5 Addendum No.3 machine operator; Shuttle buggy; Skiploader operator(crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator(over 6 ft. depth capacity, manufacturer's rating);Ultra high pressure waterjet cutting tool system mechanic; Water pull(compaction)operator Group 9: Heavy Duty Repairman Group 10:Drilling machine operator,Bucket or auger types(Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350(or similar types);Monorail locomotive operator(diesel,gas or electric);Motor patrol-blade operator(single engine); Multiple engine tractor operator(Euclid and similar type-except Quad 9 cat.);Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator(single engine,over 50 yds.struck);Rubber tired earth moving equipment operator (multiple engine,Euclid,caterpillar and similar over 25 yds. and up to 50 yds. struck),Tower crane repairman;Tractor loader operator(crawler and wheel type over 6-1/2 yds.);Woods mixer operator(and similar Pugmill equipment) Group 11:Heavy Duty Repairman-Welder Combination,Welder-Certified. Group 12:Auto grader operator;Automatic slip form operator;Drilling machine operator,bucket or auger types(Calweld,auger 200 CA or similar types-Watson,auger 6000 or similar types-Hughes Super Duty, auger 200 or similar types-drilling depth of 175'maximum);Hoe ram or similar with compressor;Mass excavator operator less tha 750 cu. yards;Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth-moving equipment operator(multiple engine, Euclid,Caterpillar and similar type, over 50 cu.yds. struck); Rubber-tired self-loading scraper operator(paddle-wheel-auger type self-loading-two(2)or more units) Group 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system(single engine,up to and including 25 yds. struck) Group 14:Canal liner operator;Canal trimmer operator;Remote-control earth-moving equipment operator(operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator(over 750 cu. yds.) Group 15:Rubber-tired earth-moving equipment operator,operating equipment with push-pull system(single engine,Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator,operating equipment with push-pull system(multiple engine-up to and including 25 yds. struck) Group 16:Rubber-tired earth-moving equipment operator,operating equipment with push-pull system(single engine,over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) Group 17:Rubber-tired earth-moving equipment operator,operating equipment with push-pull system(multiple engine,Euclid, Caterpillar and similar,over 50 cu.yds.struck);Tandem tractor operator(operating crawler type tractors in tandem-Quad 9 and similar type) Group 18: Rubber-tired earth-moving equipment operator,operating in tandem(scrapers,belly dumps and similar types in any combination,excluding compaction units-single engine,up to and including 25 yds. struck) Group 19: Rotex concrete belt operator(or similar types);Rubber-tired earth-moving equipment operator, operating in tandem (scrapers,belly dumps and similar types in any combination,excluding compaction units-single engine,Caterpillar,Euclid,Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 Cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem(scrapers,belly dumps and similar types in any combination,excluding compaction units-multiple engine,up to and including 25 yds. struck) Group 20: Rubber-tired earth-moving equipment operator,operating in tandem(scrapers,belly dumps and similar types in any combination,excluding compaction units-single engine,over 50 yds. struck);Rubber-tired earth-moving equipment operator, operating in tandem(scrapers,belly dumps,and similar types in any combination,excluding compaction units-multiple engine, Euclid,Caterpillar and similar,over 25 yds. and up to 50 yds. struck) Group 21:Rubber-tired earth-moving equipment operator,operating in tandem(scrapers,belly dumps and similar types in any combination,excluding compaction units-multiple engine,Euclid,Caterpillar and similar type,over 50 cu. yds. struck) Group 22:Rubber-tired earth-moving equipment operator,operating equipment with the tandem push-pull system(single engine, up to and including 25 yds. struck) Group 23:Rubber-tired earth-moving equipment operator,operating equipment with the tandem push-pull system(single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds, struck);Rubber-tired earth-moving equipment operator,operating with the tandem push-pull system(multiple engine,up to and including 25 yds. struck) Group 24:Rubber-tired earth-moving equipment operator,operating equipment with the tandem push-pull system(single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) Mission Gables Bowl House Calmat(No 240300-7270/47002 APPENDIX C.6 Addendum No,3 Group 25:Concrete pump operator-truck mounted;Rubber-tired earth-moving equipment operator,operating equipment with the tandem push-pull system(multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS Group 1: Engineer oiler;Fork lift operator(includes bed, lull or similar types) Group 2: Truck crane oiler Group 3: A-frame or winch truck operator;Ross carrier operator(jobsite) Group 4: Bridge-type unloader and turntable operator;Helicopter hoist operator Group 5: Hydraulic boom truck;Stinger crane(Austin-Western or similar type);Tugger hoist operator(1 drum) Group 6: Bridge crane operator;Cretor crane operator;Hoist operator(Chicago boom and similar type);Lift mobile operator; Lift slab machine operator(Vagtborg and similar types);Material hoist and/or manlift operator;Polar gantry crane operator;Self Climbing scaffold(or similar type);Shovel,backhoe,dragline,clamshell operator(over 3/4 yd.and up to 5 cu.yds.mrc);Tugger hoist operator Group 7:Pedestal crane operator;Shovel,backhoe,dragline,clamshell operator(over 5 cu.yds.mrc);Tower crane repair;Tugger hoist operator(3 drum) Group 8:Crane operator(up to and including 25 ton capacity);Crawler transporter operator;Derrick barge operator(up to and including 25 ton capacity);Hoist operator,stiff legs,Guy derrick or similar type(up to and including 25 ton capacity); Shovel, backhoe, dragline,clamshell operator(over 7 cu.yds.,M.R.C.) Group 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator(over 25 tons up to and including 50 tons mrc);Highline cableway operator;Hoist operator,stiff legs,Guy derrick or similar type(over 25 tons up to and including 50 tons mrc);K-crane operator; Polar crane operator;Self erecting tower crane operator max. lifting capacity 10 tons Group 10: Crane operator(over 50 tons and up to and including 100 tons mrc);Derrick barge operator(over 50 tons up to and including 100 tons mrc);Hoist operator,stiff legs,Guy derrick or similar type(over 50 tons up to and including 100 tons mrc), Mobile tower crane operator(over 50 tons,up to and including 100 tons M.R.C.);Tower crane operator and tower gantry Group 11:Crane operator(over 100 tons and up to and including 200 tons rnrc);Derrick barge operator(over 100 tons up to and including 200 tons mrc);Hoist operator,stiff legs,Guy derrick or similar type(over 100 tons up to and including 200 tons mrc); Mobile tower crane operator(over 100 tons up to and including 200 tons mrc) Group 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator(over 200 tons up to and including 300 tons mrc);Hoist operator,stiff legs,Guy derrick or similar type(over 200 tons,up to and including 300 tons mrc); Mobile tower crane operator(over 200 tons,up to and including 300 tons mrc) Group 13:Crane operator(over 300 tons);Derrick barge operator(over 300 tons);Helicopter pilot;Hoist operator,stiff legs,Guy derrick or similar type(over 300 tons);Mobile tower crane operator(over 300 tons) TUNNEL CLASSIFICATIONS Group 1: Skiploader(wheel type up to 3/4 yd. without attachment) Group 2: Power-driven jumbo form setter operator Group 3: Dinkey locomotive or motorperson(up to and including 10 tons) Group 4: Bit sharpener; Equipment greaser(grease truck); Slip form pump operator(power-driven hydraulic lifting device for concrete forms);Tugger hoist operator(1 drum);Tunnel locomotive operator(over 10 and up to and including 30 tons) Group 5:Backhoe operator(up to and including 3/4 yd.);Small Ford,Case or similar;Drill doctor;Grouting machine operator; Heading shield operator;Heavy-duty repairperson;Loader operator(Athey,Euclid,Sierra and similar types);Mucking machine operator(1/4 yd.,rubber-tired, rail or track type);Pneumatic concrete placing machine operator(Hackley-Presswell or similar type);Pneumatic heading shield(tunnel);Pumperete gun operator;Tractor compressor drill combination operator;Tugger hoist operator(2 drum);Tunnel locomotive operator(over 30 tons) Group 6: Heavy Duty Repairman Group 7:Tunnel mole boring machine operator ENGI0012-004 08/01/2003 Rates Fringes Power dredging equipment operators: Leverman 34.95 13.22 Dredge dozer 32.24 13.22 De cicmate 31.37 13.22 Winch operator(stern winch on dredge) 30.82 13.22 Fireman; Deckhand and Bargeman 30.28 13.20 Barge Mate 30.89 13.22 . . . . . . . . . . . . . . . . . . . . . . . . . . . „ . 1RON0001-017 07/01'2002 Rates Fringes Fence erector 25.97 15.29 Ornamental, reinforcing and structural 26.86 15.29 Mission Gables Bowl House Contract No.240300-7270/47002 APPENDIX C.7 Addendum No 3 FOOTNOTE:Work at China Lake Naval Test Station,Edwards Air Force Base,Fort Irwin Military Station,Fort Irwin Training Center-Goldstone,29 Palms-Marine Corps,U.S.Marine Base-Barstow additional$3.00 per hour. Work at Yermo Marine Corps Logistic Center additional$2.00 per hour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LAB00300-001 07/01/2004 Rates Fringes Brick Tender 21.60 11.72 LAB00300-003 07/01/2004 Rates Fringes Laborer: Gunite Group 1 22.84 15.71 Group 2 21.89 15.71 Group 3 18.35 15.71 Laborer: Tunnel Group 1 23.57 12.19 Group 2 23.89 12.19 Group 3 24.35 12.19 Group 4 25.04 12.19 Laborers: Group 1 20.60 12.13 Group 2 21.15 12.13 Group 3 21.70 12.13 Group 4 23.25 12.13 Group 5 23.60 12.13 FOOTNOTE: Gunite premium pay: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates,paid on a portal-to-portal basis. Any work performed on,in or above any smoke stack,silo,storage elevator or similar type of structure,when such structure is in excess of 75'-0"above base level and which work must be performed in whole or in part more than 75'-0"above base level,that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS Group 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer,the cleaning of brick if performed by a worker performing any other phase of demolition work,and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader;Laborer,general or construction;Laborer,general clean-up;Laborer,landscaping;Laborer,jetting; Laborer,temporary water and air lines;Material hose operator(walls,slabs,floors and decks);Plugging,filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers;Rigging and signaling;Scaler;Slip form raiser;Tar and mortar;Tool crib or tool house laborer;Traffic control by any method;Window cleaner;Wire mesh pulling-all concrete pouring operations Group 2:Asphalt shoveler;Cement dumper(on 1 yd.or larger mixer and handling bulk cement);Cesspool digger and installer; Chucktender;Chute handler,pouring concrete,the handling of the chute from readymix trucks,such as walls,slabs,decks,floors, foundation, footings,curbs,gutters and sidewalks;Concrete curer,impervious membrane and form oiler;Cutting torch operator (demolition);Fine grader,highways and street paving,airport,runways and similar type heavy construction;Gas,oil and/or water pipeline wrapper-pot tender and form person;Guinea chaser;Headerboard person-asphalt;Laborer,packing rod steel and pans; Membrane vapor barrier installer;Power broom sweeper(small);Riprap stonepaver,placing stone or wet sacked concrete;Roto scraper and tiller;Sandblaster(pot tender);Septic tank digger and installer(lead);Tank scaler and cleaner;Tree climber,faller, chain saw operator,Pittsburgh chipper and similar type brush shredder;Underground laborer,including caisson bellower Group 3: Buggymobile person;Concrete cutting torch;Concrete pile cutter;Driller,jackhammer,2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in, pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person,pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials("applying" means applying,dipping, brushing or handling of such materials for pipe wrapping and waterproofing);Operator of pneumatic, gas,electric tools,vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person,coating,grouting,making of joints,sealing,caulking,diapering and including rubber gasket joints,pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper,Barko,Wacker and similar type; Trenching machine,hand-propelled Group 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes(all types); Concrete core cutter (walls,floors or ceilings),grinder or sander;Concrete saw person,cutting walls or flat work,scoring old or new concrete;Cribber, Mission Gables Bowl House Contract No,240300-7170/47002 APPENDIX C.8 Addendum No,3 shorer,lagging,sheeting and trench bracing,hand-guided lagging hammer;Head rock slinger;Laborer,asphalt-rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation,including any and all forms of tubular material,whether pipe,metallic or non-metallic,conduit and any other stationary type of tubular device used for the conveying of any substance or element,whether water,sewage,solid gas,air,or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated;No-joint pipe and stripping of same; Prefabricated manhole installer;Sandblaster(nozzle person),water blasting,Porta Shot-Blast Group 5:Blaster powder,all work of loading holes,placing and blasting of all powder and explosives of whatever type,regardless of method used for such loading and placing;Driller: All power drills,excluding jackhammer,whether core,diamond,wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power;Toxic waste removal TUNNEL LABORER CLASSIFICATIONS Group 1; Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person;Dump person(outside); Swamper(brake person and switch person on tunnel work); Tunnel materials handling person Group 2:Chucktender,cabletender;Loading and unloading agitator cars;Nipper;Pot tender,using mastic or other materials(for example,but not by way of limitation,shotcrete,etc.);Vibrator person,jack hammer,pneumatic tools(except driller) Group 3:Blaster,driller,powder person;Chemical grout jet person;Cherry picker person;Grout gun person;Grout mixer person; Grout pump person; Jackleg miner;Jumbo person;Kemper and other pneumatic concrete placer operator; Miner, tunnel(hand or machine);Nozzle person; Operating of troweling and/or grouting machines; Powder person(primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher Group 4: Diamond driller;Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS Group 1:Nozzle person and rod person Group 2: Gun person Group 3: Rebound person LAB00300-008 08/04/2004 Rates Fringes Plaster Clean-up Laborer 20.74 12.11 Work at Military Bases-$3.00 additional per hour:Coronado Naval Amphibious Base,Fort Irwin,George AFB,Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station,Marine Corps Logistics Supply Base,Marine Corps Pickle Meadows, Mountain Warfare Training Center,Naval Air Facility-Seeley,North Island Naval Air Station, Vandenberg AFB. . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LAB00882-002 01/01/2004 Rates Fringes Asbestos Removal Laborer 22.00 9.20 SCOPE OF WORK:Includes site mobilization,initial site cleanup,site preparation,removal of asbestos-containing material and toxic waste,encapsulation,enclosure and disposal of asbestos-containing materials and toxic waste by hand or with equipment or machinery;scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LAB01184-001 07/01/2004 Rates Fringes Striping/Slurry Seal Laborers: Group 1 22.16 10.39 Group 2 23.41 10.39 Group 3 25.34 10.39 Group 4 27.01 10.39 LABORERS-STRIPING CLASSIFICATIONS Group 1:Protective coating,pavement sealing,including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds;carstops;operation of all related machinery and equipment;equipment repair technician Group 2: Traffic surface abrasive blaster; pot tender -removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment Group 3:Traffic delineating device applicator:Layout and application of pavement markers,delineating signs,rumble and traffic bars,adhesives,guide markers,other traffic delineating devices including traffic control. This category includes all traffic related surface preparation(sandblasting,waterblasting,grinding)as part of the application process.Traffic protective delineating system installer: removes, relocates, installs,permanently affixed roadside and parking delineation barricades, fencing, cable anchor, Mission Gables Bowl House Contract No.240300-7270/47002 APPENDIX C.9 Addendum No.3 guard rail, reference signs, monument markers; operation of all related machinery and equipment;power broom sweeper Group 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment PAIN0036-001 01/01/2004 Rates Fringes Painters: Repaint Including Lead Abatement 22.25 6.64 All Other Work 25.52 6.64 REPAINT of any structure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities,hotels which operate commercial establishments as part of hotel service,and sports facilities,tenant improvement work not included in conjunction with the construction of the building and all repainting of tenant improvement projects. PAIN0036-008 01/01/2004 Rates Fringes Drywall Finisher 26.83 9.23 PAIN0036-015 06/01/2004 Rates Fringes Glazier 30.20 10.55 FOOTNOTE:Additional$1.25 per hour for work in a condo,from the third(3rd)floor and up Additional$1.25 per hour for work on the outside of the building from a swing state or any suspended contrivance, from the ground up. PAIN1247-002 01/01/2004 Rates Fringes Soft Floor Layer 27.45 6.55 PLAS0200-008 08/07/2002 Rates Fringes Plasterer 29.77 6.76 Fort Irwin; George Air Force Base;Marine Corps Air Statioon 29 Palms; and Marine Corps Logistics Supply Base Remainder of County 26.77 6.76 PLAS0500-002 07/01/2003 Rates Fringes Cement Mason 24.00 13.25 PLLTM0016-002 07/01/2003 Rates Fringes Plumber; Steamfitter Work on strip malls, light commercial, tenant improvement and remodel work 23.57 8.90 Work on new additions and remodeling of bars,restaurants,stores and commercial buildings,not to exceed 5,000 sq.ft.of floor space 29.42 10.23 Sewer&Storm Drain Work 20.49 10.45 All other work: Edwards AFB&George AFB 32.66 10.80 Fort Irwin Army Base,Marine Corps Logistic Base at Nebo,Marine Corps Logistic Base at Yermo and Twenty-Nine Palms Marine Base 33.91 10.80 Remainder of County 30.41 10.80 Work on new additions and remodeling of bars,restaurants,stores and commercial buildings,not to exceed 5,000 sq.ft.of floor space 29.42 10.23 Work on strip malls,light commercial,tenant improvement and remodel work 23.57 8.90 All other work: Edwards AFB&George AFB 32.66 10.80 Fort Irwin Army Base,Marine Corps Logistic Base at Nebo,Marine Corps Logistic Base at Yermo and Twenty-Nine Palms Marine Base 33.91 10.80 Remainder of County 30.41 10.80 PLUM0345-001 07/01/2003 Rates Fringes Landscape&Irrigation Fitter 23.62 10.21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ROOF0036-002 03/31/2003 Rates Fringes Preparer 26.17 5.80 Duties limited to the following: Roof removal of any type of roofing or roofing material; or spudding, or sweeping; and/or clean-up; and/or preload in, or in preparing the roof for application of roofing, damp and/or waterproofing materials. Roofer 25.17 6.05 Mission Gables Bowl House Contract No,240300-7270/47002 APPENDIX C.10 Addendum No.3 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch,pitch base or pitch impregnated products,or any material containing coal tar pitch,the entire roofing crew shall receive$1.75 per hour"pitch premium" pay. . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SFCA0669-009 01/01/2004 Rates Fringes Fire Sprinkler Fitter 26.75 10.95 Does not include the northern part of the City of Chino,or the cities of Montclair or Ontario SFCA0709-004 04/01/2004 Rates Fringes Fire Sprinkler Fitter 31.23 14.10 The northern part of the City of Chino,and the cities of Montclair and Ontario SHEE0105-003 02/01/2004 Rates Fringes Sheet Metal Worker Commercial-new construction and remodel work 29.79 13.45 Industrial work including air pollution control systems,noise abatement,hand rails,guard rails,excluding aritechtural sheet metal work,excluding A-C,heating,ventilating systems for human comfort 26.45 17.09 Inyo,Kern(northeast part,east of Hwy 395),Los Angeles(including Pomona,Claremont,Catalina Island,Long Beach and area south of Imperial Highway and east of the Los Angeles River),Mono, Orange, Riverside, and San Bernardino counties TEAM0011-002 07/01/2003 Rates Fringes Truck drivers: Group 1 22.34 12.84 Group 2 22.49 12.84 Group 3 22.62 12.84 Group 4 22.81 12.84 Group 5 22.75 12.84 Group 6 22.87 12.84 Group 7 23.12 12.84 Group 8 23.37 12.84 Group 9 23.57 12.84 Group 10 23.87 12.84 Group 11 24.37 12.84 Work on all Military Bases: Premium pay: $3.00 per hour additional at 29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, Fort Irwin, George AFB, Marine Corps Logistics Base at Nebo &Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello,Point Conception, Vandenberg AFB. TRUCK DRIVERS CLASSIFICATIONS Group 1:Truck driver Group 2: Driver of vehicle or combination of vehicles-2 axles; Traffic control pilot car excluding moving heavy equipment permit load;Truck mounted broom Group 3:Driver of vehicle or combination of vehicles-3 axles;Boot person;Cement mason distribution truck;Fuel truck driver; Water truck-2 axle;Dump truck, less than 16 yds. water level;Erosion control driver Group 4: Driver of transit mix truck,under 3 yds.;Dumperete truck,less than 6-1/2 yds. water level Group 5: Water truck, 3 or more axles; Truck greaser and tire person($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver Group 6:Transit mix truck,3 yds.or more;Dumperete truck,6-1/2 yds.water level and over;Vehicle or combination of vehicles -4 or more axles;Oil spreader truck;Dump truck, 16 yds. to 25 yds.water level Group 7: A Frame,Swedish crane or similar;Forklift driver;Ross carrier driver Group 8: Dump truck,25 yds. to 49 yds. water level;Truck repair person;Water pull- single engine;Welder Group 9:Truck repair person/welder;Low bed driver, 9 axles or over Group 10: Dump truck- 50 yds. or more water level;Water pull-single engine with attachment Group 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. _ _ _ . . . . . . . . . . . . . . . . . . . . . . . . _ . Mission Gables Bowl House Contract No.240300-7270/47001 APPENDIX C.11 Addendum No.3 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses(29CFR 5.5 (a)(1)(ii)). In the listing above,the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: -an existing published wage determination -a survey underlying a wage determination -a Wage and Hour Division letter setting forth a position on a wage determination matter -a conformance(additional classification and rate)ruling On survey related matters,initial contact,including requests for summaries of surveys,should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory,then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here,initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Depai tnient of Labor 200 Constitution Avenue,N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Depaitinent of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data,project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable,an interested party may appeal directly to the Administrative Review Board(formerly the Wage Appeals Board). Write to: Administrative Review Board U.S.Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION PERFO • NCE BOND Bond #6195448 WHEREAS, the City Council of the City of Redlands,State of California(hereinafter designated as City), and NBI General Contractors(hereinafter designated as Principal)have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated November 2,2004,and identified as Contract No.240300-7270/47002,is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement,Principal is required before entering upon the performance of the work,to furnish a good and sufficient faithful performance bond with the City. NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City in the sum of dollars ($ 1,331,283.27 )for the payment of which sum well and truly to be made,we bind ourselves, ' our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or her heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions,and provisions in the said agreement and any alteration thereof made as therein provided,or his or her part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning,and shall defend,indemnify and save harmless the City,its elected officials,officers,agents,and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition the face amount specified therefor,there shall be included costs and reasonable expenses and fees, including attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on November 15 2004 , 2004. BondNo, 6195448 First National Insurance NBI General Contractors (SEAL) Company of -America (SEAL) PPrincipal / 7 Surety /1 By: /Iv,AAA& hr\-. /(.? By: Signatup. Signature Steven R. Hummel,Attorney—in—Fact * One mi io three hundred thirty one Address: 377 S. San Vicente thousans tw, hundred eighty three & 27/100 Anaheim, Ca 92807 (Notarial Acknowledgments of Principal and Surety) Telephone: ( 714 ) 974-0995 ...,-;j il ` . PA ENT BOND N ' WHEREAS, the City Council of the City of Redlands,State of California(hereinafter designated as"City"), and NBI General Contractors(hereinafter designated as"Principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement ,-1 eg dated November 2,2004,and identified as Contract No.240300-7270/47002,is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement,Principal is required before entering upon the performance of the work, to furnish a good and sufficient labor and materials payment bond with the City to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California. NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City and all contractors,subcontractors,laborers,materialmen,and any other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of * dollars ($ 1,331,283.27 )for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above set forth,and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by the City in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in agnosia affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, November 15 on 2004. Bond No. 6195448 , First National Insurance NBI Ge eral Contracizors Company of America (SEAL) (SEAL) Principal I Surety /7 / By: A f AA ' By: ...-1 -, _it , / „ 2 Signature w ." V Signature teven ' . Humme ,At torn-y—in—Fac t Address: 377 S. San Vicente * One milli° -e hundred thirty one thousand two . dred eighty three & 27/100 Anaheim, Ca 92807 (714 ) 974-0995 (Notarial Acknowledgments of Principal and Surety) Telephone: 1 POWEFZ FIRST NATIONAL INSURANCE COMPANY OF AMERICA NATioNAL FIRSTsuREry 4333 BROOKLYN AVE NE OF ATTORNEY SEATTLE.WASHINGTON 98105 4333 Brooklyn Avenue N.E. Seattle,WA 98105 No. 12649 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL 4[SURANCE COMPANY OF AMERICA,a Washington(orporatiar,does y appoi nt ********** *******�»ssrwrsssusss*'�. *ST'EVE:N R.FHU MEL;Ax dal Echk. °81s-k t ia*******arise**.44.*s****ssss******►ssr*****s****s**sssss* its true and lawful atrotteyfe)-I r fact.with full asdhor ty to execute on behalf of the company fldeIty and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as.if such instruments had been duly executed by its regularly larly elected officers at Its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 15th day of June , 2001 /Li;let- /(4C--" P's;'s FLA.PtERSON,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V,Section 13.-FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary.and any Assistant Vice President appointed for that puurpose by the officer in charge of surety operations,shall each have authority to appoint indivi lusts as attorneys am under cutler appropriate titles with authority to execute on behalf of the c mpany fkie6ty and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument malting cr.evidencing such eppoinannent, the signatures may be affixed by facsimile. On any instrument conferringsuch authority or on any bond or undertaking of the com{ y,the seal,or a facsimile thereof,may be impressed or affixed or kn any other marnrwr reproduced;provivided,however,that the seal shah not be necessary to the validity of any such instrument or conch iring? Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (N) Certifying that said power-of•a ttomrey appointment is in full force and effect. the signature of the certifying officer may be by facsimile,and the seat of the Company may be a facsimile thereof.` t, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laves and oha Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant theretcm,are true and correc and that bottle* ath the Sy Lanus,ttmme Resolution and the Power of Attorney are stilt In full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 15th dayof November • 2004 .- SEAL .,, �r�► X928of ♦ • R.A.PIERSON,SECRETARY S-1049/FNEF 2101 6115101 POF a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,,,p,,,,:-.- -t,a-sts,...lis-.4,s,i.:.-,--:.!....: 2,-‘,,t,9--, ,t.,,i6.,...'1.--4,.....3-4,-*,,*„--,--k..--- ,-1,..•.:. isg.:-1,4.,:, ,) !,,,, 41 p State of California r -,, County of 1 F3VMA 410 D ah 'f. r.,. .., , .„.1. ' , On NAN. 6, 2...C.OLI before me,tillirl pi ni el/tote Nv i .66-14) Notam ilk i;l:Le., Date Name and This at Officer(e.g.,"Jane Doe Notary Pulite) 7: , 0 - i personally appeared Sfekito g1-1-1.401rvvez I .,. 4 . , Name(s)of Weds) •ft )k'personally known to me •••.; E] proved to me on the basis of satisfactory r evidence i .. to be the person tel whose namets) is/AP s'A, subscribed to the within instrument and I: All... 1111, A.._ AI,A ) acknowledged to me that he/W/0<Y executed ERIN MICI4ELLE WILSON , ' I folOitZ,. Canmlosion• on the same in his/htr/tbafr authorized % - ...*C-4:1e•."'.,,'"?lii Nokiv Public-031110Mici capacity ), and that by his/X/Nzir , 44.`,-4.7.44) Son liewoodlno Count/4 signatureM on the instrument the person , or '-• '' bilyConvit eviss Alio 10. the entity upon behalf of which the person(x) — Air -.Er ..n., --....411011, lb' -or- lb 41110. -..n., -gm, acted, e.- ed the instrument. os WIT ESS my ha i an. official seal. e. '.4 ,4 $ 1___ .::tura of Notary Publir , 1 ( . OPTIONAL ,- Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent ,1 ‘. fraudulent removal and reattachment of this form to another document. ,I , • Description of Attached Document oi i'• ( Title or Type of Document: (,19' Document Date: Number of Pages: •. 1 , Signer(s)Other Than Named Above: 9., „..„. (. '9) ',..s.,; Capacity(ies)Claimed by Signer k ....'s A,. Signer's Name: RIGHT THUMBPRINT te2 k,... LI Individual OF SIGNER Top at thumb here f A it El Corporate Officer - Title(s): LI Partner -LI Limited L-1 General 1. ) El Attorney-in-Fact , t Li Trustee '14 4,4. El Guardian or Conservator Other: I,) 3 Signer Is Representing: 4 1,ze•-,0. ...,-;,-„2,•r--,-„„Lor-01,..t.-4,-. ..49-70-...?±.-_,-4--../r- ,...•...r- ----..---90-9)79.7-v?` ` 14"...:...- 9 4b, x.,9",'".9,•4 .""CIP T!'•* 474 _.7,"--• c 1999 Nahorbal Notary Assootahon'9350 De Soto Ave,PO Box 2402•Chatsworth,CA 91313-2402•www hattonalnotary org Prod No.5907 Reorder Call Toll-Ffee 1-800-876-8827 Company Profile FIRST NATIONAL INSURANCF, COMPANY OF AMERICA REGULATORY COMPLIANCE DEPT T-7 SAFECO PLAZA SEATTLE, WA 98185 800-332-3226 Agent for Service of Process DAWN JEWORSKI, 120 VANTIS SUITE 130 ALISO VIEJO, CA 92656 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24724 NAIC Group #: 0163 California Company ID #: 0978-7 Date authorized in California: January 03, 1929 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information LrCompany Enforcement Action Documents ett1/4A# Company Performance & Comparison Data P". s' Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised-November 04,2004 11:18 AM Copyright(.0 California Department of Insurance Disclaimer ACORDr. CERTIFICATE OF LIABILITY INSURANCE DA/10/2 DD/YYYY) 11/10!2004 PRODUCER License 0208825 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Andreini&Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR One MacArthur Place,Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. South Coast Metro,CA 92707 INSURERSAFFORDING COVERAGE NAIC# INSURED ENSURER A: MT. HAWLEY INS CO NBI General Contractors 'INSURER B: PO Box 8580 1 INSURER C: REDLANDS,CA 92375-0000 IIINSURER D: I 1 INSURER E: { COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD L i1 POLICY EFFECTIVE 'POLICY EXPIRATION LTR (NIRA TYPE OF INSURANCE POLICY NUMBER I DATE IMM/DDIYY) DATE(MM/DD/YY/ LIMITS I GENERAL LIABILITY _ EACH OCCURRENCE $ 1,000,000 XI DAMAGE TO RENTED I 50,000 A I COMMERCIAL GENERAL LIABILITY 1 8/17/2004 8/17/2005 PREMISES(Ea occurence) I $ CLAIMS MADE I X I OCCUR MGL0141012 ; MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY I$ 1,000,000 GENERAL AGGREGATE 1.$ 2,000,000 1 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMP/OP AGG 1 $ 1 hX I POLICY ECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B I1 1 ANY AUTO (Ea accident) $ M ---v I( ALL OWNED AUTOS 1- i BODILY INJURY $ person) SCHEDULED AUTOS (Per p — r1 1 4 HIRED AUTOS 'BODILY INJURY I NON-OWNED AUTOS (Per accident) $ I j PROPERTY DAMAGE $ (Per accident) t I GARAGE LIABILITY I 1AUTO ONLY-EA ACCIDENT I $ C I ANY AUTO OTHER THAN EA ACC $ i11 I I AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE 5 D I i OCCUR CLAIMS MADE I AGGREGATE $ j j I 1 I $ 1 DEDUCTIBLE $ j RETENTION $ I $ WC STATU- 1 10TH- I WORKERS COMPENSATION AND ( I a; I EMPLOYERS'LIABILITY Ei E.L.EACH ACCIDENT $ I ANY PROPRIETORWARTNER/EXECUTIVE iI /M OFFICEREMBER EXCLUDED? ! I E.L.DISEASE-EA EMPLOYE If yes,describe under 1 SPECIAL PROVISIONS below i I E.L.DISEASE-POLICY LIMIT t$ OTHER I i 1 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is named as additional insured per CG2010-11-85. RE: Mission Gables Bowl House Renovation-Phase#1. This certificate amends and supercedes prior certificates 30 days cancellation except with respect to non-pay,which is 10 days. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Redlands NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Attn:Alan Griffiths REPRESENT,_ , . 35 Cajon Street AUTHORIZED R -',, Redlands,CA 92373 ACORD 25(2001/08) O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS VVA|VED, subject to the terms and conditions of the poUoy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing innurer(o), authorized representative or pmduoer, and the certificate ho|der, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) Policy Number: MGL0141012 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Redlands Attn: Alan Griffiths 35 Cajon Street Redlands, CA 92373 Description of Operations: Mission Gables Bowl House Renovation, Phase#1 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY WORDING It is further agreed that such insurance as is afforded by this policy for the benefit of the additional insureds shown above shall be primary insurance, but only as respects to any claim, loss or liability arising out of the named insureds operations, and any insurance maintained by the additional insureds shall be non-contributing. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 CERTIFICATE OF INSURANCE This certifies that STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois O STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois O STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario O STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida O STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Policyholder O'HARA, JAMES P. DBA: NBI GENERAL CONTRACTORS Address of policyholder P.O. BOX 8580, REDLANADS, CA 92375 Location of operations 1639 SESSUMS DRIVE, REDLANDS, CA 92374 Description of operations The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POUCY PERIOD UMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiation Dale (at beginning of policy period) Comprehensive BODILY INJURY AND Business Liability PROPERTY DAMAGE This insurance includes: 0 Products-Completed Operations 0 Contractual Liability O Underground Hazard Coverage Each Occurrence 0 Personal Injury 0 Advertising Injury General Aggregate O Explosion Hazard Coverage O Collapse Hazard Coverage Products—Completed $ O Operations Aggregate 0 POUCY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit) O Umbrella Each Occurrence O Other Aggregate Part 1 STATUTORY Part 2 BODILY INJURY WorkersCompensation and Employers Liability Each Accident Disease- Each Employee$ Disease-Policy Limit $ POLICY PERIOD UMITS OF UABILITY POUCY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period) P436394B0375G AUTO 2/3/04 2/3/05 1MM/1MM/1MM THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POUCY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mall a written notice to the certificate holder 30 days before Name and Address of Certificate Holder 'on. If however, we fail to mail such notice, 0 obli• 'on or liability will be imposed on State Farm or - :gents/r representatives. CITY OF REDLANDS ATTN: ALAN GRIFFITHS 411 ' 1,020114CeE-- -."// 35 CAJON STREET S . re of Authorized Representative REDLANDS, CA 92373 AGENT 11/16/04 Title Date PROJECT: MISSION GABLES BOWL HOUSE RENOVATION STATE FARM DICK AMMERMAN,Agent ". Lic40367047 558-994 aA 11-12-2002 Printed in U 10850 Hole Avenue Ste,A INSURANCE I Riverside,CA 90505 ek (6 Bus:(0)687-3830 H:(0)688-0711 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11-11-2004 GROUP: 000713 POLICY NUMBER: 8756-2003 CERTIFICATE ID: 29 CERTIFICATE EXPIRES: 01-01-2005 01-01-2004/01-01-2005 CITY OF REDLANDS ATTN: ALAN GRIFFITHS 35 CAJON STREET JOB: MISSION GABLES BOWL HOUSE RED LAND CA 92373 RENOVATION. This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the policy listed herein.Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain,the insurance afforded by the policy described herein is subject to all the terms,exclusions,and conditions, of such policy. eir,/14Z1(At2 — 4141.71,1,x_' 1 C . t AUTHORIZED REPRESENTATIVE PRESIDENT STANDARD POLICY EXCLUSIONS: INDIVIDUAL EMPLOYERS, HUSBAND AND WIFE EMPLOYERS, EMPLOYEES COVERED UNDER CPL INSURANCE AND EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER O'HARA, JAMES DBA: NBI GENERAL CONTRACTORS PO BOX 8580 REDLANDS CA 92375 IB, RINNFI ED.11-11.2004 SCIF 10282E Accept this certificate only if you see a faint watermark that reads"OFFICIAL STATE FUND DOCUMENT' PAGE 1 OF 1 Recorded In Official Records, County of San Bernardino 2/07/2006 RECORDING REQUESTED BYz.?‘:- LARRY WALKER 4:46 PM AND VVHEN RECORDED MAIL Ta r7r c7, MA Auditor/Controller — Recorder CITY CLERK R Regular Mail CITY OF REDLANDS 35 CAJON STREET Doc#: 2006—0091283 Titles: 1 Pages: 1 P.O. BOX 30051 Fees Taxes 0.00 REDLANDS CA 92373 0.00 11111 11111111 Zper 0.00 $0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, this notice must be filed within 10 days after completion of work. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full twine of the owner is: CITY OF REDLANDS 3. The full address of the owner is: 35 CAJON STREET, P 0 BOX 3005 REDLANDS CA 92373 4. The nature of the interest or estate of the owner is: In fee. 5. The full names and full addresses of all persons, if any,who hold title with the undersigned as joint tenants or as tenants in common are: NOT APPLICABLE 6. A work of improvement on the property hereinafter described was completed on February 3, 2006. The work done was: Mission Gables Bowl House Restrooms and Renovations, Contract No, 240300-7270/47002, 7 The name of the contractor for such work of improvement was: NBI General Contractors P.O. Box 8580, Redlands CA 92375 November 2, 2004 (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Redlands,County of San Bernardino, State of California, and is described as follows: 168 S. Eureka Street, Redlands CA 92373 9, The street address of said property is: 168 S. Eureka Street, Redlands CA 92373 Dated, February 3, 2006 / 7) / , Senior Civil Eflg'ineer, Public. iorks Department,City of Redlands VERIFICATION I, the undersigned, say I am the Public Works Director of the declarant of the foregoing Notice of Completion, and have read said Notice of Completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 3, 2006, at Redlands,California. I. Public Works Director, Public Works Department,City of Redlands